Maybe. In Virginia, the sudden emergence doctrine will excuse the driver of a vehicle from liability if certain conditions are met which establish that the driver was responding to a Continue Reading
Generally speaking, a person injured in a car accident has two years from the accident date to bring a personal injury lawsuit. The statute of limitations requires that personal injury Continue Reading
Yes. Virginia’s “dead man’s statute” creates an exception to the hearsay rule for statements made by persons incapable of testifying. According to the Virginia Code: In an action by or Continue Reading
Yes, if the person responsible for the accident acted within the scope of their employment at the time of the accident. Under the doctrine of respondeat superior, an employer can Continue Reading
Virginia police crash reports No. In Virginia, police crash reports are inadmissible in any trial. Furthermore, no reference can be made to a police crash report by a witness or Continue Reading
Maybe, if an exception to the hearsay rule applies to the 911 call. The present sense impression exception is one exception to the hearsay rule that might permit the admission Continue Reading
Maybe. Under certain circumstances, the medical emergency doctrine may apply to the facts of a car accident. In cases where the doctrine applies, the defendant in a personal injury lawsuit Continue Reading
Ad Damnum in Personal Injury Lawsuits No. In Virginia, the amount sued for, known as the ad damnum, is the limit the plaintiff can recover in a personal injury lawsuit, Continue Reading
Right-of-way Pedestrian Crossing Law Maybe. According to the Virginia Code, traffic must yield the right-of-way to a pedestrian crossing the road at “any regular pedestrian crossing included in the prolongation Continue Reading
Maybe. A plaintiff, free of negligence on their part, who is injured due to another negligence is entitled to compensation for their injuries. Additionally, a person injured in a car Continue Reading
Exceeding the Posted Speed Limit Yes. In Virginia, operating a motor vehicle over the posted speed limit is considered negligence as a matter of law. However, Virginia law also considers a Continue Reading
Deceased person’s personal injury lawsuit Yes. In Virginia, if a person is injured in a car accident due to the negligence of another and that injured person later dies of Continue Reading